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At a meeting April 7 and 8 in Louisiana, a group of lawyers and academics prepared the rules for when law enforcement is allowed to hack people's computers for a dramatic, and troubling, expansion.

Government hacks - the FBI's secretly accessing your hard drive, email, webcam, and more - which have unfolded in headlines as a push and pull between privacy-concerned judges and activists and secrecy-obsessed law enforcement, appear poised to see the strict judicial restrictions on their use loosened.

As is often the case with wide-reaching changes to the criminal law, the law at issue is not a big-name bill, like the Affordable Care Act, but rather one more closely held to the legal system - here, Rule 41(b) of the Federal Rules of Criminal Procedure.

The Federal Rules are the procedural guidelines for courts, lawyers, and investigators guiding important parts of investigations and trials.

Last year, the debate went into overdrive when Federal Magistrate Judge Steven Smith, of the Southern District of Texas, denied an FBI warrant application to hack a suspect's computer, and, challenging the normal secrecy that surrounds domestic hacking, rendered the decision publicly.

The order laid bare the FBI's plans to use quasi-targeted spam email to install a Remote Administration Tool, or RAT, capable of activating the webcam, searching messages and the hard drive and logging location to further a fraud investigation.

One of Magistrate Judge Smith's many reasons for denying the application, in a thoughtful, vitally important opinion, was the fact that the FBI had no idea of where the computer it wanted to hack was, and had no guarantee that the hack or even the search of the contents itself would take place within his authority.

Recognizing that malware-aided electronic searches do not "take place in the airy nothing of cyberspace," he denied the warrant, chiding the agency along the way for the lack of detail it provided about the operations of its hacking units.

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